Legislation would give counties, cities the choice

By MATTHEW BEATON / The News Herald

Published: Thursday, February 21, 2013 at 09:53 PM.

TALLAHASSEE— Area beaches could become a smoke-free zone if a bill in the Legislature becomes law.

The bill (SB258) took a first step Thursday, passing through the Regulated Industries Committee on a 10-0 vote. It would allow smoking prohibitions on county- and city-owned or controlled property. It specifically lists beaches, playgrounds, public parks, and sports and recreation areas as places where the ban could be implemented.

Also if passed, counties and cities could restrict smoking at entrances to public indoor workplaces and at outdoor workplaces. Counties and cities would decide whether any bans were imposed.

In committee, the bill received support from the Florida Association of Counties, Florida League of Cities, American Heart Association and Moffitt Cancer Center, but the Florida Restaurant and Lodging Association had reservations.

Richard Turner, representing the association, said he was worried about how such bans would be implemented.

“Our concern is that we’ll end up with a patchwork of different ordinances that say different things,” he said.

Turner said when the state passed the 2002 constitutional ban on smoking in indoor workplaces, it was implemented via an across-the-board policy.

TALLAHASSEE— Area beaches could become a smoke-free zone if a bill in the Legislature becomes law.

The bill (SB258) took a first step Thursday, passing through the Regulated Industries Committee on a 10-0 vote. It would allow smoking prohibitions on county- and city-owned or controlled property. It specifically lists beaches, playgrounds, public parks, and sports and recreation areas as places where the ban could be implemented.

Also if passed, counties and cities could restrict smoking at entrances to public indoor workplaces and at outdoor workplaces. Counties and cities would decide whether any bans were imposed.

In committee, the bill received support from the Florida Association of Counties, Florida League of Cities, American Heart Association and Moffitt Cancer Center, but the Florida Restaurant and Lodging Association had reservations.

Richard Turner, representing the association, said he was worried about how such bans would be implemented.

“Our concern is that we’ll end up with a patchwork of different ordinances that say different things,” he said.

Turner said when the state passed the 2002 constitutional ban on smoking in indoor workplaces, it was implemented via an across-the-board policy.

Turner was most worried that restaurants, which reconfigured their establishments to accommodate the smoking ban, would be impacted by these new restrictions. Under the bill, smoking could be banned for outdoor dining at the beach.

Sen. Nancy Detert, R-Venice, echoed Turner’s concerns.

“If there’d be some way to cover outdoor dining at restaurants so that it doesn’t prohibit their activities as you go through the process, then I’m good with voting yes today, with that caveat,” she said.

The bill’s House equivalent could get a “no” vote when it comes beforeRep. Jimmy Patronis, R-Panama City, in the Health and Human Services Committee.

Patronis said he hadn’t read the legislation (HB439), which is broader and less defined than the Senate’s version, but he’s no fan of smoking bans. He said he voted against the constitutional amendment a decade earlier and likely would vote against the bill in committee.

“I’ve got a little angst over it,” he said.

Patronis said it was a “ridiculous overreach” and cracking down on smokers in public would be difficult to enforce. And the whole notion of more ordinance-enforced behavioral restrictions rubs him the wrong way.

Patronis said he’s not a smoker, nor is anyone in his family, but he’s not ready to slap these people with more restrictions. Still, he noted the restaurant he co-owns, Capt. Anderson’s, had long been “smoke-free” before the constitutional amendment passed a decade ago. But, he said, that should be a business-owner decision, not one pushed upon private property owners by the state.

“I really don’t like the idea of just forcing more government on people’s lives,” he said.

Patronis said he takes more of a “live-and-let-live approach” on smoking bans and other libertarian-type issues like red light cameras and seat belt laws.

“Certain things are a little bit too much government, and this ban of smoking on a public beach is no different,” he said.